San Diego Criminal Lawyers Blog
Ryan Bundy, the eldest son of Cliven Bundy and member of the clan involved in the armed occupation of Malheur National Wildlife Refuge in Oregon has asked for a hearing to challenge his detention status in a Nevada jail. He claims that he poses no risk for flight and poses no threat to the public.
He and his brother Ammon Bundy were transferred to Nevada after they and the six accomplices involved in the standoff were acquitted by a jury in their Portland, Oregon trial. The Bundy family now awaits a second criminal trial for their 2014 armed standoff against Bureau of Land Management (BLM) agents on their father’s ranch in Nevada.
Ryan is serving as his own attorney for the trial in Nevada, just as he did during his federal trial in Oregon. Ryan and his brother Ammon Bundy both refused earlier this month to enter a federal courtroom in Las Vegas for a lengthy pretrial and date-setting hearing before a different magistrate judge. They, along with their father Cliven Bundy, are among the 17 people facing 16 felony charges including conspiracy, obstruction of justice, extortion, weapon, assault on a federal officer, and making criminal threats. The trial for the first six defendants is set to begin on February 6, 2017.
The 2014 Nevada standoff resulted when BLM agents attempted to round up the Bundy’s cattle that have been allegedly illegally grazing on federal public lands without paying grazing fees for decades.
Pretrial Release and Risk Assessment
Pretrial detention occurs when bail is denied to a defendant and he or she must sit in jail until criminal trial. Pretrial services programs collect and present information that will assist the court in making pretrial release decisions if the defendant was not released after booking, and provide monitoring and supervisory services for released defendants. The use of these programs vary by county throughout the state.
In the absence of pretrial services programs, judges in California have the right to assess defendant risk based on their professional judgment. They must assess a defendant’s criminal record, flight risk, the safety of the public, the victim(s), and their families. However, the law provides no mechanism for systematically weighing these factors, nor any requirement of consistency in their use among judges. One can challenge their detention through a petition for writ of habeas corpus, which is a civil action against the state agency holding the defendant in custody. Minors arrested in California and held in custody are guaranteed a detention hearing, since they do not have a right to bail.
San Diego Constitutional Rights and Criminal Defense Lawyer
The Law Offices of David M. Boertje will defend your constitutional rights and freedom with zeal and expertise. We handle all misdemeanor and felony cases, including crimes of criminal conspiracy, obstruction of justice, and assault of a federal officer. We will guide you through your trial process, comb through the evidence against you, and ensure that you have a fair trial. if you have been charged and arrested for a crime, do not hesitate to contact attorney David Boertje today.